Bullet found under victim

Steve Fry

Monday

Dec 28, 2009 at 9:40 AM

A bullet-scarred headboard damaged during the fatal shooting in October of Gerald S. "Jerry" Eberhardt was evidence on Monday during the first day of testimony in a three-day preliminary hearing of four defendants .

The large oak headboard with an ornate peak was part of the bed Eberhardt was lying on when he was shot early on Oct. 25 at his home at 2538 S.E. Shawnee Heights Road, Tecumseh. The shooting occurred in the master bedroom of the house.

Shawnee County Sheriff's Sgt. Kenton Lewis, a crime scene officer, pointed out blood spots and spatters of tissue on the headboard. The headboard also bore the mark of a bullet that ricochetted off the hard wood.

Each is charged with premeditated first-degree murder and conspiracy to commit premeditated first-degree murder. Michelle Eberhardt also is charged with one count of solicitation to commit murder in her husband's slaying.

Erik Mitchell, Shawnee County coroner and forensic pathologist, said the victim was shot in the inside corner of the right eye, and the sloug passed through his brain and exited on the left side of the back of his head. The bullet struck the nearby headboard, and when Eberhardt's body was moved, a .40-caliber slug was found in a pool of blood under him, witnesses said.

But during questioning by Don Hoffman, defense attorney for Michelle Eberhardt, Lewis said the .40-caliber shell casing was found on an area rug in the dining room 25 feet from the body in a straight line but separated by a wall.

When found by deputies about 3:15 a.m., Eberhardt had a TV remote control in his right hand, and a big screen TV in the bedroom was on. Mitchell said the Home and Garden TV channel was on when he arrived in the bedroom several hours later.

Carl Baldwin, a friend of Mosher, said he and Mosher were working on Baldwin's car at the Eberhardt house earlier in October when Mosher said his mother really, really needed something done, "and they needed Jerry gone as soon as possible." Mosher repeatedly brought up getting rid of Jerry andalso inquired about getting a gun from Baldwin, Baldwin testified.

Most of 25 text messages starting on Oct. 23 and ending at 10:32 p.m. Oct. 24 were sent by Michelle Eberhardt to Baldwin and the rest were sent by Baldwin, Baldwin said. Hoffman challenged the veracity of the messages, and Baldwin acknowledged he didn't know whether Michelle Eberhardt actually sent the messages to him.

Between 10 and 11 a.m. Oct. 25, Mosher called Baldwin and said he took care of it, then changed the conversation to say he had some marijauana, Baldwin said.

Julie Avila, a friend of Mosher, said Mosher came to her house on Oct. 25 where "he said he did a bad thing. He said he shot someone." Mosher then admitted he shot his stepfather.

The killing was planned at her residence in October or November, Avila said, adding that Michelle Eberhardt had offered to pay them money, perhaps some insurance money from a policy on the victim's life, and a car off the the victim's used car lot if they would shoot someone.

During Avila's testimony, District Court Judge Mark Braun called a break when she became overwrought, argued with defense attorney Joe Huerter and wouldn't follow Braun's instructions to stop talking. Braun warned her she could be jailed, and she quieted briefly.

"You know what, take me to jail! I can't do this!" a crying Avila said a few moments later, referring to testifying. After the break, she finished testifying and angrily left the courtroom, bumping into a woman at the door.

Monday was the first time District Attorney Chad Taylor questioned witnesses since becoming the county's chief prosecutor. Before being elected district attorney, Taylor acknowledged he hadn't prosecuted cases in his law career but had promised to return to the courtroom. Taylor and Deputy District Attorney Jacqie Spradling are prosecuting the Eberhardt slaying case.

The preliminary hearing will resume at 9 a.m. Tuesday and is to continue into Wednesday.

Steve Fry may be reached at (785) 295-1206 or steve.fry@cjonline.com.

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